WILLIAM TILGIIMAN. S9 



If the common law were a science, in which the 

 mind of a Judge might speculate without impediment, 

 as in some others, it would be natural to ask, what 

 new priuciples he has added to the code, or what new 

 combinations he has made to increase its vigour. It 

 is such an inquiry that imparts interest to the biogra- 

 phical notices of men, who have been eminent in 

 Physics, in the higher branches of the Mathematics, 

 and emphatically of such as have been distinguished 

 actors in the formation of political Constitutions, or 

 of new codes of law. There is a freedom and ex- 

 pansiveuess in some parts of Science, that even ima- 

 gination may be invited to attend upon genius as it 

 explores them; and the Legislator especially, or the 

 founder of new governments, is so little restrained 

 in his movements, that the personal character of the 

 individual becomes the pervading soul of the work, 

 and looks out from every part of it. But the law as a 

 practical science, depends mainly for its value, upon 

 retaining the same shape and nearly the same dimen- 

 sions from day to day. A speculative, inventive ima- 

 ginative Judge is a paradox. No one can reasonably 

 ask what a Judge has invented or devised, or even 

 discovered. His duty and his praise are in the faithful 

 administration of a system created to his hands ; a 

 system of principles, the just development of which 

 affords sufficient scope for genius, without destroying 

 what is established, or innovating in tlie spirit of a 

 law giver. If ever his labours approach the merit 

 of discovery, it is when he reforms or brings to light 



